Baguio City vs.
Masweng injunction may be issued, there must exist a right to be protected and that the acts against which
G.R. No. 188913 February 19, 2014 VILLARAMA, JR., J.:
DOCTRINE:
 Although the NCIP has the authority to issue temporary restraining orders and writs of injunction, there
must exist a right to be protected and that the acts against which the order or injunction is directed are
violative of said right.
FACTS:
Pursuant to the final Decision in G.R. No. 180206, petitioner issued demolition advices notifying the private
claimants in the case that Demolition Orders for illegal structures that had been constructed on a portion of the
Busol Watershed Reservation located at Aurora Hill, Baguio City, without the required building permits will be
enforced in July 2009 and advised them to voluntarily dismantle their structures built on the Busol Watershed.
Thereafter, private claimants in this present case filed petitions for the issuance of a temporary restraining order
(TRO) and a writ of preliminary injunction on the subject Demolition Orders. The private claimants are
indigenous peoples occupying residential structures in the Busol Watershed and assert the identification,
delineation and recognition of their ancestral land and enforcement of their rights as indigenous cultural
communities/indigenous peoples (NCIP Case No. 29-CAR-09) and aver the recognition of their possession of
residential houses and other improvements by virtue of transfers in accordance with traditions and customary
laws from the ancestral lands claimants, namely the Heirs of Molintas and the Heirs of Gumangan (NCIP Case
No. 31-CAR-09).
Respondent in his capacity as the Regional Hearing Officer of the National Commission on Indigenous Peoples,
Cordillera Administrative Region (NCIP-CAR) issued the following separate TROs and injunctions orders:
1) 72-Hour TRO dated July 27, 2009, Order dated July 31, 2009 (which extended the 72-Hour TRO to
17 days) and Writ of Preliminary Injunction in NCIP Case No. 31-CAR-09; and
2) 72-Hour TRO dated July 27, 2009, Order dated July 31, 2009 (which extended the 72-Hour TRO to
17 days) and Writ of Preliminary Injunction in NCIP Case No. 29-CAR-09.
Hence, this petition asserting that the TROs and writs were issued in willful disregard, disobedience, defiance
and resistance of this Court’s Decision in G.R. No.180206 which dismissed the previous injunction case.
Petitioner contends that respondent’s act of enjoining the execution of the demolition orders and demolition
advices is tantamount to allowing forum shopping since the implementation of the demolition orders over the
structures in the Busol Forest Reservation had already been adjudicated and affirmed by this Court.
Respondent claims that he issued the TROs and writs in NCIP Cases because his jurisdiction was called upon
to protect and preserve the rights of the petitioners (in the NCIP cases) who were undoubtedly members of the
indigenous cultural communities or indigenous peoples. In addition, he maintains that the orders and writs he
issued did not disregard the earlier ruling of this Court in G.R. No. 180206 because the Court has in fact affirmed
the power of the NCIP to issue TROs and writs of injunction without any prohibition against the issuance of said
writs when the main action is for injunction. Further, petitioners (in the NCIP Case No. 29-CAR-09) that their
ancestral land claim was recognized by Proclamation No. 15 and that their right thereto may be protected by a
writ of preliminary injunction.
ISSUE: W/N the ancestral land claim of private respondents was indeed recognized by Proclamation No. 15.
HELD: No, Proclamation No. 15 does not appear to be a definitive recognition of private respondents’
ancestral land claim. The proclamation merely identifies the Molintas and Gumangan families, the
predecessors-in-interest of private respondents, as claimants of a portion of the Busol Forest
Reservation but does not acknowledge vested rights over the same. Before a writ of preliminary
injunction is directed are violative of said rights.
Likewise, Proclamation No. 15 explicitly withdraws from sale or settlement the Busol Forest Reservation which
was declared by the Court as inalienable in Heirs of Gumangan v. Court of Appeals. The declaration of the
Busol Forest Reservation as such precludes its conversion into private property. Relatedly, the courts are not
endowed with jurisdictional competence to adjudicate forest lands.
On the issue whether respondent should be cited in contempt of court for issuing the subject TROs and writs of
preliminary injunction, the Court rules in the affirmative. The subject TROs and writs clearly contravene the
court’s ruling in G.R. No. 180206 that Elvin Gumangan, et.al. who are owners of houses and structures covered
by the demolition orders issued by petitioner are not entitled to the injunctive relief previously granted by
respondent. This Court ruled that although the NCIP has the authority to issue TROs and writs of injunction, it
was not convinced that private respondents were entitled to the relief granted by the Commission. Proclamation
No. 15 does not appear to be a definitive recognition of private respondents’ ancestral land claim, as it merely
identifies the Molintas and Gumangan families as claimants of a portion of the Busol Forest Reservation, but
does not acknowledge vested rights over the same. Since it is required before the issuance of a writ of
preliminary injunction that claimants show the existence of a right to be protected, this Court, in G.R. No.
180206, ultimately granted the petition of the City Government of Baguio and set aside the writ of preliminary
injunction issued therein.
The same legal issues are thus being litigated in G.R. No.180206 and in the case at bar, except that different
writs of injunction are being assailed. In both cases, petitioners claim (1) that Atty. Masweng is prohibited from
issuing temporary restraining orders and writs of preliminary injunction against government infrastructure
projects; (2) that Baguio City is beyond the ambit of the IPRA; and (3) that private respondents have not
shown a clear right to be protected. Private respondents, on the other hand, presented the same allegations
in their Petition for Injunction, particularly the alleged recognition made under Proclamation No. 15 in favor of
their ancestors.
While res judicata does not apply on account of the different subject matters of the case at bar and G.R. No.
180206 (they assail different writs of injunction, albeit issued by the same hearing officer), the Court is
constrained by the principle of stare decisis to grant the instant petition.
Respondent's willful disregard and defiance of this Court's ruling on a matter submitted for the second time
before his office cannot be countenanced. By acting in opposition to this Court's authority and disregarding its
final determination of the legal issue pending before him, respondent failed in his duty not to impede the due
administration of justice and consistently adhere to existing laws and principles as interpreted in the decisions
of the Court.
WHEREFORE, the petition for contempt is GRANTED. The assailed Temporary Restraining
Order dated July 27, 2009, Order dated July 31, 2009 and Writ of Preliminary Injunction in
NCIP Case No. 31-CAR-09, and Temporary Restraining Order dated July 27, 2009, Order
dated July 31, 2009 and Writ of Preliminary Injunction in NCIP Case No. 29-CAR-09 are
hereby all LIFTED and SET ASIDE.
The Court finds respondent Atty. BRAIN S. MASWENG, Regional Hearing Officer, National
Commission on Indigenous Peoples, Cordillera Administrative Region (NCIP-
CAR), GUILTY of Indirect Contempt and hereby imposes on him a fine of TEN THOUSAND
PESOS (P10,000.00).